Urgent help needed-Short of days to meet residency obligation

[INSPIRATION]

Hi Leon,
My PR card expires on 13 July 2015. I have already been in canada for 82 days(for a month each year). Now I plan to re-enter canada by Airway within a week. As per my calculations I will be short of around 18 days to meet the residency requirement of 730 days till 13 July 2015.
Will I be allowed to enter Canada. Will I have to stay there for rest of the time till 13 July 2015 as I am already short of time? or Can I go back to my home land for 10-15 days.

Please guide. I am in a lot of confusion.

Also will they ask me for proof for the 82 days of stay I am claiming. Because I have no proof other than the entry stamps of Canada(for each of the three time I entered Canada in from 2010 to 2013) and the entry and exit stamps from my own country (India). What will happen if I am unable to prove my 82 days of stay also.

Regards

 

[Leon]

You are already in breach of the RO because you will be unable to meet the RO in your first 5 years as a PR.

When you are in breach of the RO, each time you enter Canada, there is some risk that you may be reported for not meeting the RO.

If that happens, you will have to appeal for your PR and you may lose your PR status.

If you are able to enter this time, it is up to you if you take the risk to leave and try to re-enter again.

If you want to keep your PR, you would praise our luck if you get in without getting reported this time and make sure you stay in Canada for at least 2 years before applying to renew your PR card and do not risk leaving until you have your new PR card in your hand.

 

[INSPIRATION]

Thanks a lot.
If I have to appeal then what do I do to prove my stay of 82 days which has already been done. Also how much time do we get before they send us back (when we get reported at the time of entering)?

 

[Leon]

You must have some documents from your stay in Canada of 82 days or a flight ticket from leaving.

If you get reported, you may have some time before they get to your appeal but those days do not count towards the residency requirement after you have already been reported. If you lose the appeal, they will probably give you 30 days to pack up and leave.

 

[INSPIRATION]

Hi,
Thanks a lot.
I have a few more questions

As my passport already have the stamps of three earlier visits to canada and no stamp of exit from canada, only entry stamps of india are there after exit from canada. so will the air ticket be sufficient proof to prove my 82 days stay in canada?

I suppose as I short of only 15-18 days they will not make much fuss?what do you say?
Also what happens if one person of a family is just living in canada and not doing any work and leaves canada for sometime before completing how will he or she prove residence days in canada?

Also do they always calculate days when one is entering canada. As i have a recent visit record to canada in june for a month and my card is valid till 13 Jul 2015. won't they just allow me to enter without reporting.

I had taken admission in a good course there, but due to financial reasons I had to quit. Now I wish to get a second chance.

Please guide

 

[Leon]

I suppose as I short of only 15-18 days they will not make much fuss?what do you say?
Also what happens if one person of a family is just living in canada and not doing any work and leaves canada for sometime before completing how will he or she prove residence days in canada?

Rules are rules so even if you don't think they shouldn't make a fuss, they may see it differently. Being able to keep your PR in spite of only spending 2/5 years is already very generous. In many countries, you lose your PR if you leave for as much as 6 months.

If immigration doesn't believe you and you were not working or studying, it can be very hard to prove your stay. Even a flight ticket does not prove that you were on that flight but a boarding card might if you have one. For people who are not working, there are other means to prove their stay like their use of health care, volunteering, membership of clubs, attending courses etc.

Financial problems are not seen as a valid excuse for breaching your RO.

 

[Msafiri]

Inspiration,

Your chances of being reported are on the lower side as your PR Card is still valid for just under 2 years. However it all depends on the CBSA agent you meet at the border and if they decide to investigate your absences and report you.

The 82 days would usually be included in your residence obligation count. However to avoid any risk of your PR Card renewal being delayed its better to add the 82 days to the time when you return to Canada. CIC don't always trust entry/ exit stamps from many countries which may or may not include India. That you have no evidence of any activity in Canada in the 82 days e.g employment adds to the risk for potential closer scrutiny of any renewal.